This is a legal agreement ("Agreement") between You and Techinline Ltd. ("Techinline"), for use of the Techinline services which You selected or initiated, which may include the FixMe.IT service, and/or other audio, video and web communications services provided by Techinline ("Services"). "You" refers to the individual who registered and/or provided Techinline his or her credit card or other payment mechanism for the Services or, if the Services are being purchased on behalf of an entity by an individual authorized to purchase the Services on behalf of such entity, then "You" refers to such entity. If You do not agree with the terms of this Agreement, click the "Cancel" button and do not use or join any session supported by, the Services. Any software associated with the Services is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
Techinline will provide the Services in accordance with this Agreement. Techinline may at its sole discretion modify the features of the Services from time to time without prior notice. Techinline 15 Day Free Trial Account is intended for evaluation purposes only.
RESPONSIBILITY FOR CONTENT OF YOUR COMMUNICATIONS
You agree that You are solely responsible for the content of all visual, written or audible communications sent by You or in Techinline sessions started by You. You agree that You will not use the Services to send unsolicited commercial e-mail outside Your company or organization in violation of applicable law. You further agree not to use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. Although Techinline is not responsible for any such communications, Techinline may delete any such communications of which Techinline becomes aware, at any time without notice to You.
You agree that Techinline may charge to Your credit card or other payment mechanism selected by You and approved by Techinline ("Your Account") all amounts due and owing for the Services, including Service fees, set up fees, subscription fees, overage fees, conferencing fees, or any other fee or charge associated with Your use of the Services. Techinline may change prices at any time without prior notice. You agree that in the event Techinline is unable to collect the fees owed to Techinline for the Services through Your Account, Techinline may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by Techinline in connection with such collection activity, including collection fees, court costs and attorneys' fees.
30-DAY MONEY BACK GUARANTEE
Techinline provides a 30-day money back guarantee. If you are dissatisfied with Techinline service for any reason, you will receive a full refund if you cancel your account within 30 days of the activation of your account.
Techinline and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks and service marks associated or displayed with the Services. You will not remove, deface or obscure any of Techinline's or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Services.
You may terminate this Agreement by providing written notice to Techinline via e-mail to email@example.com. Such termination will be effective on the later of: (a) the last day of the term (if your Agreement has a fixed term), or (b) thirty (30) days after Techinline's receipt of your written termination notice. If You fail to comply with any provision of this Agreement, Techinline may terminate this Agreement immediately without notice. Sections 2 through 12, inclusive, shall survive any termination of this Agreement. Upon any termination of this Agreement, You must cease any further use of the Services and destroy any copies of associated software within Your possession and control.
You acknowledge that the Services, or portion thereof may be subject to the export control laws of the United Kingdom. You will not export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation
You acknowledge that any use of the Services contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Services, may cause irreparable injury to Techinline, its affiliates, suppliers and any other party authorized by Techinline to resell, distribute, or promote the Services ("Resellers"), and under such circumstances Techinline, its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
LIMITATION OF WARRANTIES
ALL INFORMATION, DOCUMENTATION AND SERVICES PROVIDED BY TECHINLINE ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TECHINLINE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE. TECHINLINE MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE. NOR DOES TECHINLINE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICES, WHETHER MADE BY EMPLOYEES OF TECHINLINE OR OTHERWISE, WHICH IS NOT CONTAINED IN THIS AGREEMENT, SHALL BE DEEMED TO BE A WARRANTY BY TECHINLINE FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF TECHINLINE WHATSOEVER.
You agree to indemnify, defend and hold harmless Techinline, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from Your use of the Services, Your violation of this Agreement or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity. Without limiting the foregoing, the Services are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, Techinline, its affiliates, suppliers and Resellers specifically disclaim any express or implied warranty of fitness for such purposes.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TECHINLINE OR ITS AFFILIATES, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF TECHINLINE, ITS AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, TECHINLINE'S, ITS AFFILIATES', SUPPLIERS' AND RESELLERS' MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY) IN THE PREVIOUS 12 MONTHS. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You.
Misleading Use. The use of Techinline for the purpose of misleading or misinforming end-users for financial gain is strictly prohibited. False and misleading representation of any kind is strictly prohibited. Techinline reserves the right to, in its sole discretion, immediately terminate your subscription and right to use the Service due to a violation of these Terms.
Choice of Law and Forum. This Agreement shall be governed by and construed under the laws of the United Kingdom, as applied to agreements entered into and to be performed in the United Kingdom by United Kingdom residents. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving Berkshire, United Kingdom.
Waiver and Severability. Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
General Provisions. This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. Techinline may change the terms of this Agreement at any time by posting modified terms on its website. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. All notices or other correspondence to Techinline under this Agreement must be sent to the address provided in Section 7 above, or other address as provided by Techinline for such purpose. Any and all rights and remedies of Techinline upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on Techinline, and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement.
FREE TRIAL ACCOUNT USE
A Techinline free trial account is provided for evaluation purposes in order to introduce a user to the service's functionality, performance, and any other areas that may assist a user in making an appropriate decision regarding the pursuit of the Techinline service beyond the evaluation period. A Techinline free trial account is valid for a 15-day period.
A Techinline free trial user is defined as a business entity, home user, non-profit organization, regional representation or subdivision which has registered a Techinline free trial account. Registration of multiple concurrent free trial accounts by a single user is regulated by Techinline. The user may apply to register multiple concurrent free trials by contacting the Techinline Sales Department: firstname.lastname@example.org
The registration of multiple Techinline free trial accounts by a single user is prohibited. Techinline reserves the right to block or limit access to any trial accounts that are suspected to be in any manner linked to previously registered trials by the same user.